Jenny Nowatzke

OMAHA (KPTM) - After being shot by an off–duty Omaha police officer this past weekend, 20–year–old Armando Butler now says the city of Omaha owes him money.  On top of that, he also wants the officer who shot him to face disciplinary action.

"I've been retained by the family of Armando Butler to file a claim with the city and 'Cheaters' [bar] for the unlawful shooting of Armando Butler," attorney James Martin Davis said Tuesday morning.

Early Sunday, Armando and Adrien Butler were at "Cheaters" bar near 40th and Farnam, when they got into a fight with members of another family.

Two off–duty police officers, who were working security for the bar, broke up the fight.

But as the Butler brothers were leaving, police say Adrien threw a crowbar through the bar's window – which sounded like gunfire.

The brothers then, started driving away in their SUV, while one of the officers yelled at them to stop.

When the brothers didn't obey, Officer Calvin Harper fired his gun, hitting Armando in the leg.

"It fractured his knee cap, and caused severe damage. He'll probably have a disability from being shot," said Davis, who claims the shooting wasn't justified.

He wants "Cheaters" and the city of Omaha to cover Armando's medical expenses.

"My client is not intending to get rich, he just wants to be compensated for his injuries."

Davis is also asking for a "first degree assault" charge to be filed against Officer Harper.

"The police policy forbids shooting at a fleeing vehicle unless it's the last resort," said Davis.

"Officers are trained to shoot to stop the threat. So, they'll fire their weapon as long as there is a threat present," said Acting Police Chief, Alex Hayes.

On Monday, Hayes defended Officer Harper's actions, but did assure, "Anytime we have an officer fire their weapon, we do a review to look and make sure all internal procedures were followed, and if there are issues, it will result in disciplinary action."

Davis tells us, he's sent letters to Hayes, the city clerk, and the owner of "Cheaters" about his client's decision to file a claim.  All declined to comment for our story, until they've had a chance to look over the letter.